rough to ride, or that it tires its rider because it is not ridden often, then he has no right of rescission. If they say: 'It is a defect,' then he has the right to rescind. This is if the contract relates to the specific object. However, if it were described in the liability (dhimma), the contract is not rescinded, and the lessor must replace it, because the contract did not relate to its specific identity, resembling an object of salam (prepaid forward sale) if he delivers it in a quality other than what was agreed upon. If he is unable to replace it, or refuses to do so, and it is impossible to force him, the lessee also has the right to rescind.

Section: The lessor is responsible for what enables the utilization of the object, such as delivering the keys to the house or the bathhouse, because he is obligated to provide the means for utilization, and delivering its keys is a means of utilization, so it is incumbent upon him. If they are lost, without negligence from the lessee, the lessor is responsible for their replacement, as they are a trust in the hands of the lessee, resembling the walls and doors of the house. He is responsible for building a wall if it collapses, or replacing a timber beam if it breaks. It is also his duty to pave the bathhouse and construct the doors, pools, and water channels, because through these, the lessee is enabled to utilize the property. Whatever is for the purpose of fulfilling the benefits, such as a rope, a bucket, or a pulley, is the responsibility of the lessee. As for beautification and decoration, neither is required to provide them because utilization is possible without them. As for cleaning the sewage and latrines, if this is needed at the time of the lease, it is the responsibility of the lessor, because this is among the things that enable utilization. If they become full through the actions of the lessee, he is responsible for emptying them. This is the opinion of al-Shafi'i. Abu Thawr said: It is the responsibility of the owner of the house, because through it he is enabled to utilize it, resembling the case if he leased it while it was already full. Abu Hanifa said: The analogy (qiyas) dictates that it is the responsibility of the lessee, but judicial preference (istihsan) dictates it is the responsibility of the owner of the house, as that is the custom of the people. Our position is that this occurred due to the actions of the lessee, so he is responsible for cleaning it, just as if he had thrown debris into it. The ruling on emptying the cistern (jiyyah) of the bathhouse, which is the outlet for its water, is the same as the ruling on the house's sewage drain. If the lease expires and there is manure or refuse in the house resulting from the actions of the dweller, he is responsible for removing it. This is the opinion of al-Shafi'i, Abu Thawr, and the scholars of reasoning (Ashab al-Ra'y).